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Article

Truly Exceptional? Participants in the Belgian 2019 Youth for Climate Protest Wave

Journal Politics of the Low Countries, Issue Online First 2022
Keywords protest, participation, inequality, climate change, Fridays For Future
Authors Ruud Wouters, Michiel De Vydt and Luna Staes
AbstractAuthor's information

    In 2019, the world witnessed an exceptional wave of climate protests. In this case study, we scrutinise who participated in the protests staged in Belgium. We ask: did the exceptional mobilising context of the 2019 protest wave also bring exceptional protesters to the streets? Were thanks to the unique momentum standard barriers to protest participation overcome? We answer these questions by comparing three surveys of participants in the 2019 protest wave with three surveys of relevant reference publics. Our findings show that while the Belgian 2019 protest was in many ways exceptional, its participants were less so. Although participants – especially in the early phase of the protest wave – were less protest experienced, younger and unaffiliated to organisations, our findings simultaneously confirm the persistence of a great many well-known socio-demographic and political inequalities. Our conclusion centres on the implications of these findings.


Ruud Wouters
Ruud Wouters, PhD, is a postdoctoral researcher at the University of Antwerp. He studies protest participation and the impact of protest on media, public opinion and politics.

Michiel De Vydt
Michiel De Vydt is a PhD student at the University of Antwerp. He studies the micro-level predictors and outcomes of interpersonal protest recruitment.

Luna Staes
Luna Staes is a PhD student at the University of Antwerp. She studies how protest affects public opinion in the hybrid media environment. All authors are members of research group Media, Movements & Politics (M²P) at the political science department of the University of Antwerp.
Case Law

2022/1 EELC’s review of the year 2021

Journal European Employment Law Cases, Issue 1 2022
Authors Niklas Bruun, Filip Dorssemont, Zef Even e.a.
Abstract

    Various of our academic board analysed employment law cases from last year.


Niklas Bruun

Filip Dorssemont

Zef Even

Ruben Houweling

Marianne Hrdlicka

Anthony Kerr

Attila Kun

Jean-Philippe Lhernould

Daiva Petrylaitė

Luca Ratti

Jan-Pieter Vos
Research Note

Mapping Cabinet Conflicts and Conflict Features

Refined Definitions, Coding Instructions and Results From Belgium (1995-2018)

Journal Politics of the Low Countries, Issue 1 2022
Keywords cabinet conflict, coalition politics, Belgium
Authors Maxime Vandenberghe
AbstractAuthor's information

    This research note presents new definitions, measurements and data of cabinet conflicts and conflict features. Particular attention is given to the ethno-territorial nature of conflicts. This approach can easily be applied to various sources, periods, policy levels and countries. As an example, this note describes a novel dataset that provides the most fine-grained picture of Belgian cabinet conflicts to date (N = 1,090; 1995-2018).


Maxime Vandenberghe
Maxime Vandenberghe is a PhD candidate (FWO Vlaanderen) at the Department of Political Science at Ghent University. His main research interests are (Belgian) federalism, ethno-territorial politics and party politics.
Article

Access_open Is Euroscepticism Contagious?

How Mainstream Parties React to Eurosceptic Challengers in Belgian Parliaments

Journal Politics of the Low Countries, Issue 1 2022
Keywords Euroscepticism, parliaments, party competition, Belgium, federalism
Authors Jordy Weyns and Peter Bursens
AbstractAuthor's information

    Euroscepticism has long been absent among Belgian political parties. However, since the start of the century, some Eurosceptic challengers have risen. This article examines the effect of Eurosceptic competition on the salience other parties give to the EU and on the positions these parties take in parliament. Using a sample of plenary debates in the federal and regional parliaments, we track each party’s evolution from 2000 until 2019. Our findings both contradict and qualify existing theories and findings on Eurosceptic competition. When facing Eurosceptic challengers, all parties raise salience fairly equally, but government and peripheral parties adopted (soft) Euroscepticism more often than other parties.


Jordy Weyns
Jordy Weyns is a doctoral student at the European University Institute in Florence.

Peter Bursens
Peter Bursens is professor of political science at Universiteit Antwerpen, at the research group Politics and Public Governance and the GOVTRUST Centre of Excellence.
Article

Access_open Appendix Is Euroscepticism Contagious?

How Mainstream Parties React to Eurosceptic Challengers in Belgian Parliaments

Journal Politics of the Low Countries, Issue 1 2022
Keywords Euroscepticism, parliaments, party competition, Belgium, federalism
Authors Jordy Weyns and Peter Bursens
AbstractAuthor's information

    Euroscepticism has long been absent among Belgian political parties. However, since the start of the century, some Eurosceptic challengers have risen. This article examines the effect of Eurosceptic competition on the salience other parties give to the EU and on the positions these parties take in parliament. Using a sample of plenary debates in the federal and regional parliaments, we track each party’s evolution from 2000 until 2019. Our findings both contradict and qualify existing theories and findings on Eurosceptic competition. When facing Eurosceptic challengers, all parties raise salience fairly equally, but government and peripheral parties adopted (soft) Euroscepticism more often than other parties.


Jordy Weyns
Jordy Weyns is a recent graduate from Universiteit Antwerpen, and will soon start a PhD program at the European University Institute in Firenze.

Peter Bursens
Peter Bursens is professor of political science at Universiteit Antwerpen, at the research group Politics and Public Governance and the GOVTRUST Centre of Excellence.
Article

Fit for Office? The Perception of Female and Male Politicians by Dutch Voters

Journal Politics of the Low Countries, Issue 1 2022
Keywords political underrepresentation, gender stereotypes, role incongruity, candidate evaluation, experimental vignette study
Authors Rozemarijn E. van Dijk and Joop van Holsteyn
AbstractAuthor's information

    The underrepresentation of women in politics is a worldwide phenomenon and the Netherlands fit the pattern: about 39% of the Dutch MPs are female. Based on social role incongruity theory, it is expected that female politicians are evaluated more negatively than male politicians since women do not fit the dominant male politician role. However, most research is conducted in the United States, that is, a candidate-centred system where individual characteristics play an important role. This article focuses on the party-centred parliamentary context in which we examine (1) whether gender stereotypes are present among citizens and (2) to what extent these stereotypes influence the evaluation of politicians. We do this by conducting an experimental vignette survey design. We find that at the mass level there is no difference between the evaluation of male and female politicians, although gender stereotypes are present.


Rozemarijn E. van Dijk
Rozemarijn E. van Dijk is a PhD student at the department of political science at the University of Antwerp, Belgium.

Joop van Holsteyn
Joop J.M. van Holsteyn is Professor in Political Behaviour and Research Methods at Leiden University, the Netherlands.
Article

Morality in the Populist Radical Right

A Computer-Assisted Morality Frame Analysis of a Prototype

Journal Politics of the Low Countries, Issue 1 2022
Keywords Populist radical right, morality, frame analysis, word2vec, crimmigration
Authors Job P.H. Vossen
AbstractAuthor's information

    This article provides a computer-assisted morality framing analysis of Vlaams Belang’s 2019 manifesto. The VB is regarded in the literature as a prototypical example of the Populist Radical Right (PRR). We first concisely review what PRR politics is and what it consists of, tentatively distinguishing four elements that we hypothesise will materialise in corresponding subframes running throughout the manifesto. We point to a mismatch between the omnipresent role of morality in all PRR subframes and the little attention devoted to the concept in the PRR literature. We introduce a useful theory from social psychology into framing literature to create a novel methodological approach to frame analysis that builds a bridge between a qualitative content and a quantitative context approach. The results support our hypothesis that populism, nationalism, nativism and authoritarianism can be distinguished from one another. Additionally, we detect a fifth PRR subframe, crimmigration, by its unique role of morality.


Job P.H. Vossen
Job Vossen is a PhD candidate at the University of Antwerp. His research investigates (im)morality in political discoursing and its interacting with fear, solidarity and gender and sexuality. The corresponding author states that there is no conflict of interest.
Article

Opening an Absolute Majority A Typology of Motivations for Opening and Selecting Coalition Partners

Journal Politics of the Low Countries, Issue 1 2022
Keywords negotiation, absolute majority, oversized coalition, motivations, local election
Authors Geoffrey Grandjean and Valentine Meens
AbstractAuthor's information

    Following the municipal elections in the Walloon Region (Belgium) on 14 October 2018, 189 political groups won an absolute majority. Twenty-two of these decided not to exercise power alone, but favoured the formation of an oversized coalition by integrating a minority partner. The aim of this article is to identify the motivations behind the formation of a local coalition when one of the partners has an absolute majority. Semi-structured interviews with mayors and leaders of political groups in these municipalities make it possible to identify the motivations for, first, the choice to open and, second, the choice of a minority partner. By distinguishing between necessary and supporting motivations, this article shows that the search for greater representation is a necessary motivation for the choice to open, whereas personal affinities and memories of the past are necessary motivations for choosing minority partners. By prioritising motivations, this article shows that.


Geoffrey Grandjean
Geoffrey Grandjean is Professor of Political Science at the Faculty of Law, Political Science and Criminology of the University of Liege and Director of the Institut de la decision publique.

Valentine Meens
Valentine Meens is Assistant of Political Science at the Faculty of Law, Political Science and Criminology of the University of Liege.

    Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may - contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.


Christian Gade
Christian Gade is an Associate Professor of Human Security and Anthropology at Aarhus University and a mediator in the Danish victim-offender mediation programme (Konfliktråd). Corresponding author: Christian Gade at gade@cas.au.dk. Acknowledgements: I would like to thank Pernille Reese, head of the Danish Victim-Offender Mediation Secretariat, for our many dialogues about restorative justice and punishment. Furthermore, I am grateful to Søren Rask Bjerre Christensen and Isabelle Sauer for their thoughtful comments on earlier drafts of this article. Last but not least, I would like to thank the three anonymous reviewers for their valuable feedback.
Article

Access_open Retribution, restoration and the public dimension of serious wrongs

Journal The International Journal of Restorative Justice, Issue 1 2022
Keywords public wrongs, R.A. Duff, agent-relative values, criminalisation, punishment
Authors Theo van Willigenburg
AbstractAuthor's information

    Restorative justice has been criticised for not adequately giving serious consideration to the ‘public’ character of crimes. By bringing the ownership of the conflict involved in crime back to the victim and thus ‘privatising’ the conflict, restorative justice would overlook the need for crimes to be treated as public matters that concern all citizens, because crimes violate public values, i.e., values that are the foundation of a political community. Against this I argue that serious wrongs, like murder or rape, are violations of agent-neutral values that are fundamental to our humanity. By criminalising such serious wrongs we show that we take such violations seriously and that we stand in solidarity with victims, not in their capacity as compatriots but as fellow human beings. Such solidarity is better expressed by organising restorative procedures that serve the victim’s interest than by insisting on the kind of public condemnation and penal hardship that retributivists deem necessary ‘because the public has been wronged’. The public nature of crimes depends not on the alleged public character of the violated values but on the fact that crimes are serious wrongs that provoke a (necessarily reticent) response from government officials such as police, judges and official mediators.


Theo van Willigenburg
Theo van Willigenburg is Research Fellow at the Vrije Universiteit Amsterdam Faculteit Religie en Theologie, Amsterdam, the Netherlands. Corresponding author: Theo van Willigenburg at t.van.willigenburg@vu.nl.

Claudia Mazzucato
Claudia Mazzucato is Associate professor of Criminal Law at Università Cattolica del Sacro Cuore, Milan, Italy. She has known the Parents Circle-Families Forum since 2005 and is engaged with them in joint projects concerning restorative responses to political and collective violence and violent extremism. Corresponding author: Claudia Mazzucato at claudia.mazzucato@unicatt.it.
Article

Appendix Fit for Office? The Perception of Female and Male Politicians by Dutch Voters

Journal Politics of the Low Countries, Issue 1 2022
Keywords political underrepresentation, gender stereotypes, role incongruity, candidate evaluation, experimental vignette study
Authors Rozemarijn Esmee van Dijk and Joop van Holsteyn
AbstractAuthor's information

    The underrepresentation of women in politics is a worldwide phenomenon and the Netherlands fit the pattern: about 39% of the Dutch MPs are female. Based on social role incongruity theory, it is expected that female politicians are evaluated more negatively than male politicians since women do not fit the dominant male politician role. However, most research is conducted in the United States, that is, a candidate-centred system where individual characteristics play an important role. This article focuses on the party-centred parliamentary context in which we examine (1) whether gender stereotypes are present among citizens and (2) to what extent these stereotypes influence the evaluation of politicians. We do this by conducting an experimental vignette survey design. We find that at the mass level there is no difference between the evaluation of male and female politicians, although gender stereotypes are present.


Rozemarijn Esmee van Dijk
Rozemarijn E. van Dijk is a PhD student at the department of political science at the University of Antwerp, Belgium.

Joop van Holsteyn
Joop J.M. van Holsteyn is Professor in Political Behaviour and Research Methods at Leiden University, the Netherlands.

John Braithwaite
John Braithwaite is a Professor at the University of Maryland, USA and Emeritus Australian National University, Australia. Corresponding author: John.Braithwaite@anu.edu.au. Acknowledgements: Thanks to Eliza Kaczynska-Nay, Valerie Braithwaite, Estelle Zinsstag, Lode Walgrave, Albert Dzur, Ivo Aertsen, Fernanda Fonseca Rosenblatt, Gerry Johnstone, Claudia Mazzucato and Jane Bolitho for splendid suggestions on drafts.
Article

Diversion and restorative justice in the context of juvenile justice reforms in Indonesia, Thailand, the Philippines and Vietnam

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords children’s rights, juvenile justice, restorative justice, diversion, implementation challenges, Thailand, Vietnam, Indonesia, the Philippines
Authors Le Thu Dao, Le Huynh Tan Duy, Ukrit Sornprohm e.a.
AbstractAuthor's information

    Diversion is an important vehicle for delivering an alternative model of youth justice, one that is, hopefully, grounded in principles of children’s rights and restorative justice. Several Asia-Pacific countries, often with international assistance, have sought to develop alternative processes and programmes to which children in conflict with the law can be diverted to. In some instances, these have included restorative justice programmes. This article provides an overview of the implementation of a restorative justice approach, as a youth justice diversion measure, in four South-East Asian countries: Indonesia, Thailand, the Philippines and Vietnam. It describes juvenile justice reforms in these countries, particularly as they relate to the implementation of diversion and restorative justice and reflects on the factors that may have affected the success of these reforms. Every one of these countries has achieved a measure of success in implementing diversion and restorative justice, although restorative justice has occupied a different place in these reforms. The article offers a general overview of key challenges and notable successes encountered during that process, as well as an opportunity to consider the role of tradition, culture and public expectations in the implementation of restorative justice principles in the context of juvenile justice.


Le Thu Dao
Le Thu Dao, PhD, is professor at the Comparative Law Institute, Hanoi Law University, Hanoi, Vietnam.

Le Huynh Tan Duy
Le Huynh Tan Duy, LLB, LLM, PhD, is Head of Criminal Procedure Law Division of the Ho Chi Minh City University of Law, Ho Chi Minh City, Vietnam.

Ukrit Sornprohm
Ukrit Sornprohm, LLB, LLM, LLD (Candidate), Project Manager (Rule of Law and Criminal Justice), Thailand Institute of Justice, Bangkok, Thailand.

Yvon Dandurand
Yvon Dandurand, Professor Emeritus, Criminology, University of the Fraser Valley, Abbotsford, Canada. Fellow, International Centre for Criminal Law Reform. Corresponding author: Yvon Dandurand, Yvon.Dandurand@ufv.ca.
Article

Towards a restorative justice approach to white-collar crime and supra-individual victimisation

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords restorative justice, white-collar crimes, supra-individual victimisation, spokespersons at restorative meetings, eligibility criteria
Authors Daniela Gaddi and María José Rodríguez Puerta
AbstractAuthor's information

    This work examines the feasibility of extending the implementation of restorative justice to the field of white-collar crime for a specific class of victimisation: that which people experience as a group (i.e. supra-individual victimisation). For this purpose, we analyse some key issues and outline a number of criteria for determining who would be able to speak on behalf of supra-individual victims of white-collar crime in restorative meetings. Some initial proposals are offered, based on four types of supra-individual victimisation, which would provide a framework for the selection of spokespersons who could attend restorative meetings in restoratively oriented criminal proceedings.


Daniela Gaddi
Daniela Gaddi is an Adjunct Professor of Criminology and Criminal Law at the Universidad Autónoma de Barcelona (UAB), Spain and a community mediator.

María José Rodríguez Puerta
María José Rodríguez Puerta is Professor of Criminal Law at the Universidad Autónoma de Barcelona (UAB), Spain. Corresponding author: Daniela Gaddi, daniela.gaddi@uab.cat.
Article

Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and Online

The Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building

Journal Corporate Mediation Journal, Issue 2 2021
Keywords mediation, Greece, special forms, mandatory, online, informal types
Authors Dimitris Emvalomenos
Author's information

Dimitris Emvalomenos
Dimitris Emvalomenos, Lawyer, LL.M., Accredited Mediator of the Greek Ministry of Justice & the Centre of Effective Dispute Resolution (CEDR), London, UK, Dep. Managing Partner at the law firm ‘Bahas, Gramatidis & Partners LLP’ (BGP).
Article

Access_open Dispute Resolution in the Chinese Belt and Road Initiative

The Role of Mediation

Journal Corporate Mediation Journal, Issue 2 2021
Keywords international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution
Authors Henneke Brink
AbstractAuthor's information

    With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested.


Henneke Brink
Henneke Brink is a Dutch lawyer, mediator, and owner of Hofstad Mediation. She carries out research and writes about topics concerning the relation between mediation and (inter)national formal justice systems.
Article

The Use of Technology (and Other Measures) to Increase Court Capacity

A View from Australia

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function
Authors Felicity Bell, Michael Legg, Joe McIntyre e.a.
AbstractAuthor's information

    The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension.


Felicity Bell
Felicity Bell is a Research Fellow for the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP) research stream at UNSW Law, Sydney.

Michael Legg
Michael Legg is Professor and Director of the FLIP stream at UNSW Law, Sydney.

Joe McIntyre
Joe McIntyre is a Senior Lecturer in Law at UniSA: Justice and Society, University of South Australia.

Anna Olijnyk
Anna Olijnyk is a Senior Lecturer and Director of the Public Law and Policy Research Unit at Adelaide Law School, University of Adelaide, South Australia.
Article

AI in the Legal Profession

Teaching Robot Mediators Human Empathy

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords ADR, AI, ML, mediation, digital technology, value alignment
Authors Linda Mochon Senado
AbstractAuthor's information

    What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism.


Linda Mochon Senado
Linda Mochon Senado is a J.D. student at Osgoode Hall Law School. Research Assistant for the Winkler Institute for Dispute Resolution. Caseworker and Certified Community Mediator with the Osgoode Mediation Clinic.
Article

Access_open Solidarity, Religious Freedom and COVID-19

The Case of the Ultra-Orthodox Sects in Israel

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Keywords Social solidarity, COVID-19, Religious freedom, Cultural defence, Ultra-Orthodox sects in Israel
Authors Miriam Gur-Arye and Sharon Shakargy
AbstractAuthor's information

    The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all.


Miriam Gur-Arye
Miriam Gur-Arye is the Judge Basil Wunsh Professor of Criminal Law, Faculty of Law, The Hebrew University of Jerusalem.

Sharon Shakargy
Sharon Shakargy is a Senior Lecturer at the Faculty of Law, The Hebrew University of Jerusalem.
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